Bahr v Nicolay [1987] HCA 32

Bahr v Nicolay [1987] HCA 32

There is no express or implied statutory or rule-based power to order security for costs in an application for special leave to appeal, and no abuse of process has been shown to invoke the Court's inherent jurisdiction; therefore, the application for security for costs is dismissed.

Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal / Interlocutory Application for Security for Costs
Outcome
application dismissed with costs
Legal Topics
['security for Costs' 'special Leave to Appeal' 'abuse of Process']
['civil Procedure'] ['security for Costs' 'special Leave to Appeal' 'abuse of Process']

Case Brief

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Procedural Posture

Application for Special Leave to Appeal / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 ['Whether the High Court has power to order security for costs in respect of an application for special leave to appeal' 'Whether the application for special leave to appeal is an abuse of process justifying security for costs']

Ratio Decidendi

There is no express or implied statutory or rule-based power to order security for costs in an application for special leave to appeal, and no abuse of process has been shown to invoke the Court's inherent jurisdiction; therefore, the application for security for costs is dismissed.

Court Disposition

application dismissed with costs

Orders

  • ['The application by the second respondents that the applicants provide security for costs of their application for special leave to appeal be dismissed with costs.']